US embassy cable - 03SANAA1236

UNCLAS SANAA 001236 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KJUS, PHUM, PREL, YM, DEMOCRATIC REFORM 
SUBJECT: YEMEN:  FOLLOW UP ON PRESIDENT'S PROPOSED MIDDLE 
EAST REGIONAL JUSTICE FORUM 
 
REF: A. SECSTATE 130099 
     B. SECSTATE 138602 
 
1.  Embassy Sanaa warmly endorses the proposed Middle East 
Regional Justice Forum.  While the ROYG has conducted a 
judicial reform project since 1997 with donor support from 
several countries, the results have been mixed and more work 
needs to be done.  Yemeni reform-minded judges and justice 
officials will welcome the opportunity to learn from their 
regional counterparts and international experts. 
 
2.  Based on readouts from judicial reform project supporters 
as well as Post's own contacts, Embassy Sanaa makes the 
following recommendations for possible participants in the 
September session in Manama: 
 
Dr. Adnan Omar al-Jafri 
Minister of Justice 
Newly-appointed to the cabinet (May 2003), professor of 
international law at Aden University, and Member of Parliament 
 
Judge Hamoud al-Hitar 
Member, Supreme Court 
Former Chairman of the Ulema ("religious scholar") Committee 
to conduct dialogue to reform fundamentalist terror-related 
detainees in 2002, considered one of the most moderate Yemeni 
clerics, prominent reform and human rights activist, close 
contact of Embassy, former IVP participant in the 1990s 
 
Reem Tariq Abdullah 
Lawyer, Aden 
Maritime and commercial law practice, reform-minded female 
lawyer, part of well-connected Yemeni family, former Humphrey 
fellow 
 
Judge Ahmed Sharafaddin 
Head, Sanaa Court of Appeals 
Traditional background but dedicated reform activist, 
well-known as scrupulously honest 
 
Judge Isaam al-Samawi 
Head, Aden Court of Appeals 
Young, fairly traditional judge, dedicated reformer 
 
3.  Post agrees with the broad themes outlined in reftels and 
offers the following suggestions relevant to the Yemeni 
context for consideration for the first meeting or subsequent 
regional gatherings: 
 
--  Strengthening the official judicial system to counteract 
reliance on traditional tribal justice:  In Yemen, the 
reliance on traditional tribal justice for resolution of 
disputes lessens confidence in and respect for the formal 
judicial system and keeps patronage and power in the hands of 
the tribal system.  This tendency undermines the rule of law 
and future democratic progress. 
 
--  Specialized training on commercial law:  The lack of wide 
expertise and understanding of commercial law among judges 
and lawyers creates problems for the business community, 
helps block foreign investment and creates barriers for 
increasing opportunities for U.S. business access and 
investment. 
 
--  Land tenure law:  Land disputes, particularly among rival 
tribes, continue to be a primary source of conflict in Yemen. 
 The lack of a clear and enforceable land tenure law 
contributes to the lack of effective avenues of peaceful 
resolution to land disputes. 
MISENHEIMER